LUCKNOW: In a significant turn of events, the Allahabad High Court, on Thursday morning, dismissed the plea filed by Anjuman Intezamia Masajid (AIM), the mosque management committee, challenging the order of Varanasi district court allowing the Archaeological Survey of India (ASI) to conduct a scientific survey on Gyanvapi mosque premises.
Allahabad High Court Chief Justice Pritinker Diwaker passed the order noting that scientific survey was important and necessary step in the interest of justice.
The High Court order has approved the 'scientific' survey of the barricaded area of the mosque premises barring the sealed area of 'wazukhana' (ablution pond). "Issue of commission is permissible. The Varanasi court was justified in ordering an ASI survey of the premises. Scientific survey is necessary in the interest of justice," said the bench headed by Chief Justice Pritinker Diwekar while dismissing AIM's plea.
However, the Muslim side claimed that they would petition the Supreme Court of India to challenge Allahabad High Court’s order.
The AIM had moved Allahabad High Court on July 25 against July 21 order of Varanasi district court following the directives of the Supreme Court which had stayed the ASI survey till July 26 evening. After hearing the matter for three days, the High Court had reserved verdict on July 27 while stating that interim stay imposed by the apex court on ASI’s scientific survey shall stand extended till August 3.
On July 21, Varanasi district court judge Dr AK Vishvesha directed the ASI to conduct a scientific survey to determine whether the mosque was actually built on the site of pre-existing temple. Abiding by the Varanasi district court order, the ASI began survey on July 24, but it was stalled within three hours by the Supreme Court which ordered "some breathing time" to Muslim side to appeal against a district court order.
During the hearing in the High Court, the ASI officials were also summoned and they assured the court that there would be no damage to the structure. In its order, the Allahabad High Court emphasized that the condition had to be upheld. The court said the ASI must ensure that no damage was caused to the structure. The ASI assured the court that it had the technical capabilities to do the survey without causing structural damage or doing any excavation.
“I welcome this verdict. I am confident that the truth will come out after the ASI survey, and the Gyanvapi issue will be resolved,” UP deputy CM Keshav Prasad Maurya said after the Allahabad high court verdict.
A couple of days back during an interview, UP CM Yogi Adityanath had said that calling it Gyanvapi mosque, will lead to a dispute. “Whoever has been blessed with eyes can see that what is a trishul doing inside a mosque? What is a jyotirlinga doing there? The walls are screaming to tell the truth. A proposal should come from the Muslim society acknowledging it as a ‘historical mistake’ and that it should be solved," he had said.
Meanwhile, reacting to the High Court’s order, AIMPLB member Maulana Khalid Rasheed Farangi Mahali said the mosque was 600 years old and Muslims had been offering namaz all this long. "We are hopeful that justice will be done. We also want that the Places of Worship Act should be enforced at all places of worship in the country in order to avoid any further controversy or dispute," he said adding that the Muslim side would appeal in the top court after going through the order of the Allahabad High Court.
Samajwadi Party MP Dr ST Hasan said everyone should abide by the orders of the court and also the findings of the survey. “The country needs communal harmony and national integration,” the SP leader said.